Termination without notice: When landlords can really take action - and what tenants need to know now
Housing is about substance, values and trust. This makes it all the more important to know the right steps to take in the event of breaches of duty. Termination without notice is the sharpest sword in tenancy law - it only applies to serious breaches, must be prepared with legal certainty and has far-reaching consequences for both sides. This guide brings clarity, provides practical checks and shows how landlords and tenants can act prudently now.
What does „termination without notice“ mean in legal terms?
Termination without notice (extraordinary termination) terminates the tenancy without observing the statutory notice periods. The basis is usually a important reason within the meaning of Section 543 BGB in conjunction with Section 569 BGB. The criterion is always: Can the terminating party still be reasonably expected to continue the tenancy until the end of the notice period?
Important: Without notice does not mean informal. The declaration must In writing take place, the concrete reason for cancellation and verifiably delivered to the contractual partner (e.g. registered letter or personal delivery with witnesses).
Typical reasons that really work
Courts recognise the following constellations in particular:
- Rent arrears: Two consecutive appointments with a backlog of at least one Monthly rent and more than one further month's rent in total, or over more than two dates with arrears of at least two months' rent in total.
- Persistent disturbance of the peace of the house: Massive insults, threats, repeated disturbances of the peace at night, documented escalations - usually only after a prior warning.
- Unauthorised transfer of use: For example, permanent Airbnb lettings without permission; a warning is regularly required.
- Serious breach of duty: Intentional damage to property, electricity/water tapping, endangering fellow tenants or the rented property.
Calculation example for late payment: Basic rent 900 euros, advance payment of operating costs 200 euros, total rent 1,100 euros. If 1,100 euros are not paid in January and February, there is an arrears of 2,200 euros - the threshold for cancellation without notice has been reached.
Quick check: Can I cancel without notice?
- Late payment fulfils the 2-month threshold? A warning letter is not necessary.
- Behavioural violations? As a rule warn beforehand and document (witnesses, protocols, photos).
- Specify the exact incident and dates - no generalised accusations.
- Ensure verifiable receipt of the cancellation (registered letter or witnesses).
Warning: when, how, why?
A warning is often mandatory for behavioural reasons (e.g. noise, insults). It acts like a yellow card: it describes the breach of duty, sets clear expectations and announces consequences. Only if the continuation is unreasonable - for example after physical assaults - can the warning be dispensable.
Minimum standards for the content of a warning letter: Date, facts of the case with specific examples, request to cease and desist/change behaviour, setting a deadline, threat of termination without notice. Delivery verifiable again.
What tenants need to know now
If tenants receive a termination without notice due to late payment, there is the so-called Grace period payment (§ 569 Para. 3 No. 2 BGB): If the entire arrears no later than two months after the lis pendens of the action for eviction the termination without notice becomes ineffective. Please note: This usually only works once every two years, and an additionally declared ordinary cancellation often remains effective.
In the case of dismissal for behavioural reasons, the only thing that can help is to eliminate the causes, seek a meeting and, if necessary, guarantee obligations in writing. Anyone who denies the allegations should Evidence (witnesses, noise log, correspondence) and obtain legal advice at an early stage.
Typical mistakes - and elegant solutions
- Error: Incorrect calculation of rent arrears (e.g. credit notes or instalments overlooked). Solution: Double-check the account statement/balance in advance.
- Error: Dismissal without warning for noise. Solution: First issue a warning and document it; exception only in extreme cases.
- Error: Generalised accusations without data. Solution: Specify each incident with date, time and witnesses.
- Best Practice: Termination without notice always with alternatively ordinary termination to minimise the risk.
Steps for landlords: How to proceed cleanly
- 1. clarify the facts: Check rent account, secure witnesses, collect logs, photos/audio only legally compliant.
- 2. legal categorisation: Does the case fall under default of payment or behaviour? Check the obligation to issue a warning.
- 3. issue a warning (if necessary): Formulate precisely, set a deadline, prove receipt.
- 4. write a notice of cancellation: Written form, specific reason, date, alternatively ordinary cancellation, proof of receipt.
- 5. follow-up: Document the reaction, initiate eviction proceedings if necessary.
- 6. check alternatives: A mutually agreed cancellation agreement with an eviction period can be quicker and less costly.
Practical comparison scenarios
Scenario A: Late payment - Tenant does not pay for two months. Result: Termination without notice possible without a warning. If the tenant pays everything, the termination without notice can be cured; the ordinary termination may remain in place.
Scenario B: Repeated disturbance of the peace - Three documented incidents, warning served, noise continues. Result: Termination without notice due to sustained disturbance of the peace in the building is regularly permissible.
Scenario C: Unauthorised subletting - Letting via booking platform despite prohibition. Result: Warning, termination without notice if continued.
Realistically assess costs, time and risk
Eviction processes are time-consuming and cost-intensive. Court costs, legal fees, possible loss of rent and renovation quickly add up. A pragmatic approach can be to amicable solution with clear deadlines and safeguards (e.g. payment, key handover protocol) - without giving up your legal position.
Would you like an individual assessment? We examine your case discreetly, assess opportunities and risks and structure the procedure - from warning letter to eviction or cancellation agreement. Arrange an initial consultation now.
Conclusion: Termination without notice is effective if the reason is valid, the form is correct and access is guaranteed. The following applies to tenants: react quickly, document, clear up payment arrears. For landlords: Prepare carefully, organise evidence, know the alternatives. In this way, the property remains protected - and decisions are legally secure and economically sensible.
Would you like to have a specific situation checked or documents formulated in a legally compliant manner? Use our short line - we will get back to you quickly and clarify the next steps.
